191. Further, Article 16(1) of the UN Convention Against Torture, calls on States to: Undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an 192. AC HP R official capacity… Article 16(2) of the same Convention adds that “The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment…” Accordingly, the spirit of the UN Convention Against Torture shall apply even in the context of the African Charter, as authorised by Article 61 of the same. 193. Under the European Human Rights System, the European Court has also underscored the determining factor to qualify an act as „ill-treatment,‟ which is that; the act must “attain a minimum level of severity”. On this ground, the Court has outlined four main criterion: 194. i. The duration of the treatment; ii. The physical effects of the treatment; iii. The mental effects of the treatment; and iv. The sex, age and state of health of the victim This test was substantiated in Ireland v UK, where the Court held that: As was emphasised by the Commission, ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 3 (art. 3). The assessment of this minimum is, in the nature of things, relative; it depends on all the 55